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Legal Document

Terms of Service

Last Updated: May 2025  |  Effective Date: May 2025

These Terms of Service ("Terms") govern your use of the website at higgsera.com and any services provided by Higgsera, a digital solutions company based in Mohali, Punjab, India.

Please read these Terms carefully before using our services. By engaging Higgsera for any project or service, you agree to be legally bound by these terms.

1. Acceptance of Terms

By accessing our website at higgsera.com or engaging Higgsera for any services, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not have such authority, or if you do not agree with these terms, you may not use our services.

2. Services Provided

Higgsera provides professional digital services including, but not limited to: • Website design and development (WordPress, Next.js, React, Laravel, etc.) • Mobile application development (Flutter, React Native) • Ecommerce solutions (Shopify, WooCommerce, custom) • AI automation and chatbot development • UI/UX design and branding • Search engine optimisation (SEO) • Ongoing website maintenance and support The specific scope, deliverables, timeline, and pricing for each engagement will be defined in a separate Project Agreement or Statement of Work (SOW) agreed upon before project commencement.

3. Project Agreements & Payments

3.1 All projects begin with a written Project Agreement detailing scope, timeline, milestones, and pricing. 3.2 Standard payment terms are as follows: • 40% deposit required to commence work • 30% due at agreed project midpoint • 30% due upon final delivery and approval 3.3 Payments are due within 7 days of invoice date unless otherwise agreed in writing. 3.4 Late payments (beyond 14 days) may incur a late fee of 2% per month on the outstanding balance. 3.5 Project work may be paused or withheld if payments are significantly overdue, without liability to Higgsera. 3.6 All prices are exclusive of applicable taxes unless stated otherwise.

4. Intellectual Property & Ownership

4.1 Upon receipt of full payment, the client receives full ownership of all custom-developed code, designs, and deliverables created specifically for their project. 4.2 Higgsera retains the right to: • Display the completed project in our portfolio and marketing materials • Reference the client's name and project in case studies (unless a non-disclosure agreement is in place) 4.3 Third-party components, plugins, themes, stock assets, or open-source libraries used in a project remain subject to their respective licenses. Higgsera is not responsible for license compliance of third-party tools selected by the client. 4.4 Any code, designs, or materials provided by Higgsera as part of proposals, mockups, or discovery sessions prior to a signed agreement remain the intellectual property of Higgsera.

5. Client Responsibilities

The client agrees to: • Provide timely feedback, approvals, and required content (text, images, branding assets) as needed during the project • Designate a single point of contact authorised to make decisions on the project • Notify Higgsera promptly of any changes to project requirements • Ensure all materials provided to Higgsera (images, text, logos, etc.) do not infringe on any third-party intellectual property rights • Maintain backups of their data and website Higgsera is not responsible for data loss outside of our direct control Delays in client approvals or content delivery may result in project timeline adjustments, for which Higgsera shall not be held liable.

6. Revisions & Change Requests

6.1 Each project includes a defined number of revision rounds as specified in the Project Agreement. 6.2 Revisions are defined as minor changes within the agreed scope (e.g., text edits, colour adjustments, layout tweaks). Changes to core scope, features, or functionality constitute a "Change Request" and will be quoted and billed separately. 6.3 All Change Requests must be submitted in writing and approved by both parties before implementation begins.

7. Warranties & Disclaimers

7.1 Higgsera warrants that all work will be performed with reasonable skill and care, and to professional industry standards. 7.2 We do not warrant that: • Our website or services will be uninterrupted or error-free at all times • Websites we build will achieve specific search rankings or business results • Third-party services or APIs integrated into client projects will remain available or unchanged 7.3 Except as expressly stated in these terms, all services are provided "as is" without warranties of any kind, express or implied.

8. Limitation of Liability

8.1 To the maximum extent permitted by applicable law, Higgsera's total liability for any claim arising out of or relating to these terms or our services shall not exceed the total fees paid by the client for the specific project giving rise to the claim. 8.2 In no event shall Higgsera be liable for: • Loss of profits, revenue, or business opportunities • Loss of data or data corruption • Indirect, incidental, or consequential damages • Actions of third-party services or platforms 8.3 Some jurisdictions do not allow limitation of certain liabilities in such cases, the above limitations apply to the fullest extent permitted by law.

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive business information shared during the course of the engagement. This includes, but is not limited to, business strategies, technical systems, pricing, and client data. This obligation of confidentiality survives the termination of the project or agreement. If a formal Non-Disclosure Agreement (NDA) is required, Higgsera is happy to sign one prior to detailed project discussions.

10. Termination

10.1 Either party may terminate a project engagement with 14 days' written notice. 10.2 Upon termination: • The client is liable for payment of all work completed up to the termination date, calculated on a pro-rata basis • Higgsera will deliver all completed work and assets to the client within 14 days • The deposit paid is non-refundable once active work has commenced 10.3 Higgsera reserves the right to immediately terminate any engagement if the client engages in abusive, fraudulent, or illegal conduct.

11. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of India. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in Mohali / Chandigarh, Punjab, India. For international clients, both parties agree to first attempt resolution through good-faith negotiation before pursuing legal action.

12. Changes to These Terms

Higgsera reserves the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated revision date. Continued use of our website or services after changes are posted constitutes acceptance of the revised terms. For ongoing project engagements, the terms in effect at the time the Project Agreement was signed shall apply.

13. Contact Information

For questions, concerns, or legal notices regarding these Terms of Service, please contact: Higgsera Email: business@higgsera.com Phone: +91 76578 63249 Address: Sector 83, IT City Mohali, Punjab, India